97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4633

 

Introduced 2/1/2012, by Rep. Daniel Biss

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 320/2.5

    Amends the Illinois Plumbing License Law. Provides that certain lawn sprinkler systems shall not be required to be retrofitted with a reduced pressure zone (RPZ) valve until 5 years after the effective date of the amendatory Act. Provides that the Illinois Department of Public Health shall also provide an exemption for such lawn sprinkler systems from any requirement to retrofit a lawn sprinkler system with a RPZ valve if the Department finds that either the lawn sprinkler system cannot be retrofitted with a RPZ valve or that the costs of doing so would be unreasonably high. Effective immediately.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Plumbing License Law is amended by
5changing Section 2.5 as follows:
 
6    (225 ILCS 320/2.5)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 2.5. Irrigation contractors; lawn sprinkler systems.
9    (a) Every irrigation contractor doing business in this
10State shall annually register with the Department. Every
11irrigation contractor shall provide to the Department his or
12her business name and address, telephone number, name of
13principal, FEIN number, and an original certificate of
14insurance documenting that the irrigation contractor carries
15general liability insurance with a minimum of $100,000 per
16occurrence, bodily injury insurance with a minimum of $300,000
17per occurrence, property damage insurance with a minimum of
18$50,000, and worker's compensation insurance with a minimum of
19$500,000. No registration may be issued in the absence of the
20certificate of insurance. The certificate must be in force at
21all times for registration to remain valid.
22    On a form provided by the Department, every irrigation
23contractor must provide to the Department an indemnification

 

 

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1bond in the amount of $20,000 or an irrevocable letter of
2credit from a financial institution guaranteeing that funds
3shall be available only to the Department and shall be released
4upon written notification by the Department in the same amount
5for any work on lawn sprinkler systems performed by the
6registered irrigation contractor. The letter of credit shall be
7printed on the letterhead of the issuing financial institution,
8be signed by an officer of the same financial institution, name
9the Department as the sole beneficiary, and expire on February
1028 of each year.
11    Every irrigation contractor doing business in this State
12shall also register with the Department each and every employee
13who installs or supervises the installation of lawn sprinkler
14systems. The registration shall include the employee's name,
15home address, and telephone number. The Department may provide
16by rule for the administration of registrations under this
17subsection. The annual registration fee shall be set by the
18Department pursuant to Section 30 of this Act. Each registered
19irrigation contractor must provide proof that he or she employs
20at least one irrigation employee who has completed and passed
21an approved class in the design and installation of lawn
22sprinkler systems.
23    (b) A licensed plumber or licensed apprentice plumber may
24install a lawn sprinkler system connected to any water source
25without registration under this Section.
26    (c) A licensed plumber shall inspect every sprinkler system

 

 

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1installed by an irrigation contractor to ensure the provisions
2of this Section have been met and that the system works
3mechanically. A licensed plumber shall make the physical
4connection between a lawn sprinkler system and the backflow
5prevention device.
6    Upon the installation of every lawn sprinkler system in
7this State from the effective date of this amendatory Act of
8the 91st General Assembly forward, a licensed plumber shall
9affix to the backflow prevention device a tag certifying that
10the installation of that system has been completed in
11compliance with the minimum code of plumbing standards
12promulgated under this Act. The Department shall provide by
13rule for the registration of every lawn sprinkler system
14installed after the effective date of this amendatory Act of
15the 91st General Assembly, including the means by which the
16Department shall be able to identify by registration number the
17identity of the responsible irrigation contractor and by
18license number the identity of the responsible licensed
19plumber. No lawn sprinkler system installed after the effective
20date of this amendatory Act of the 91st General Assembly may be
21operated without the certification tag required under this
22Section.
23    The registered irrigation contractor and the licensed
24plumber whose identifying information is contained on the
25certification tag shall both be subject to the penalty
26provisions of this Act for violations for improper installation

 

 

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1of a lawn sprinkler system installed after the effective date
2of this amendatory Act of the 91st General Assembly.
3    (d) An irrigation contractor who has registered with the
4Department 7 or fewer persons who are authorized to install or
5supervise the installation of lawn sprinkler systems shall
6either employ or contract with at least one licensed plumber
7who shall install or be responsible for the installation of
8every lawn sprinkler system installed after the effective date
9of this amendatory Act of the 91st General Assembly. The
10licensed plumber shall inspect the risers and sprinkler heads
11before backfilling.
12    An irrigation contractor who has registered with the
13Department 8 to 12 persons who are authorized to install or
14supervise the installation of lawn sprinkler systems shall
15either employ or contract with at least 2 licensed plumbers who
16shall install or be responsible for the installation of every
17lawn sprinkler system installed after the effective date of
18this amendatory Act of the 91st General Assembly. A licensed
19plumber shall inspect the risers and sprinkler heads before
20backfilling.
21    An irrigation contractor who has registered with the
22Department 13 to 20 persons who are authorized to install or
23supervise the installation of lawn sprinkler systems shall
24either employ or contract with at least 3 licensed plumbers who
25shall install or be responsible for the installation of every
26lawn sprinkler system installed after the effective date of

 

 

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1this amendatory Act of the 91st General Assembly. A licensed
2plumber shall inspect the risers and sprinkler heads before
3backfilling.
4    An irrigation contractor who has registered with the
5Department 21 to 28 persons who are authorized to install or
6supervise the installation of lawn sprinkler systems shall
7either employ or contract with at least 4 licensed plumbers who
8shall install or be responsible for the installation of every
9lawn sprinkler system installed after the effective date of
10this amendatory Act of the 91st General Assembly. A licensed
11plumber shall inspect the risers and sprinkler heads before
12backfilling.
13    An irrigation contractor who has registered with the
14Department 29 to 35 persons who are authorized to install or
15supervise the installation of lawn sprinkler systems shall
16either employ or contract with at least 5 licensed plumbers who
17shall install or be responsible for the installation of every
18lawn sprinkler system installed after the effective date of
19this amendatory Act of the 91st General Assembly. A licensed
20plumber shall inspect the risers and sprinkler heads before
21backfilling.
22    An irrigation contractor who has registered with the
23Department 36 or more persons who are authorized to install or
24supervise the installation of lawn sprinkler systems shall
25either employ or contract with at least 6 licensed plumbers who
26shall install or be responsible for the installation of every

 

 

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1lawn sprinkler system installed after the effective date of
2this amendatory Act of the 91st General Assembly. A licensed
3plumber shall inspect the risers and sprinkler heads before
4backfilling.
5    The Department may provide by rule for the temporary waiver
6process for registered irrigation contractors who are unable to
7comply with the requirements of this subsection. When a
8temporary waiver is granted, it shall not be for a duration of
9more than 3 consecutive months. Upon the expiration of a
10temporary waiver issued by the Department, the registered
11irrigation contractor shall demonstrate that justifiable
12reasons exist why he or she is still unable to comply with the
13requirements of this subsection, despite good faith efforts to
14comply with the requirements. In no case shall a temporary
15waiver be granted for an irrigation contractor for more than a
16total of 6 months in a two-year period. In no case shall an
17irrigation contractor be relieved of the requirement that a
18licensed plumber shall inspect every sprinkler system
19installed by an irrigation contractor to ensure the provisions
20of this Section have been met and that the system works
21mechanically and make the physical connection between a
22sprinkler system and the backflow prevention device.
23    (e) No person shall attach to a lawn sprinkler system any
24fixture intended to supply water for human consumption.
25    No person shall attach to a lawn sprinkler system any
26fixture other than the backflow prevention device, sprinkler

 

 

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1heads, valves, and other parts integral to the operation of the
2system, unless the fixture is clearly marked as being for
3non-potable uses only.
4    (f) A college, university, trade school, vocational
5school, or association that has established a program providing
6a course of instruction in lawn sprinkler design and
7installation may submit a letter to the Department requesting
8approval of its program or course of instruction.
9    The request for approval shall include information on the
10curriculum offered by the program and the qualifications of the
11organization. The course shall consist of a minimum of 2 days
12of classroom education and an exam and shall include a
13provision for continuing education.
14    The Department shall evaluate the curriculum and
15organization before making a determination to approve or deny a
16request for approval.
17    In addition to providing to the Department the names of
18licensed plumbers who are employed by or contract with an
19irrigation contractor, an irrigation contractor must also
20provide to the Department the names of employees who have
21successfully completed an approved course on the installation
22of lawn sprinkler systems and proof that the course was
23successfully completed and that continuing education is also
24being completed.
25    (g) All automatically operated lawn sprinkler systems
26shall have furnished and installed technology that inhibits or

 

 

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1interrupts operation of the landscape irrigation system during
2periods of sufficient moisture or rainfall. The technology must
3be adjustable either by the end user or the irrigation
4contractor.
5    This subsection (g) does not apply to systems operating on
6golf courses or agricultural lands.
7    The requirements of this subsection (g) apply to all
8landscape irrigation systems installed after January 1, 2009.
9    (h) Notwithstanding any provision in this Act, any rule
10adopted pursuant to this Act, or any ordinance or rule of any
11unit of local government in the State, including any home rule
12unit, a lawn sprinkler system that was installed 20 or more
13years prior to the effective date of this amendatory Act of the
1497th General Assembly shall not be required to be retrofitted
15with a reduced pressure zone (RPZ) valve until 5 years after
16the effective date of this amendatory Act. The Department shall
17provide an exemption for such a lawn sprinkler system from any
18requirement to be retrofitted with a RPZ valve if the
19Department finds that either the lawn sprinkler system cannot
20be retrofitted with a RPZ valve or that the costs of doing so
21would be unreasonably high.
22(Source: P.A. 94-101, eff. 1-1-08; 95-421, eff. 1-1-09.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.